the disputes examined in this case. Therefore, the Court abstains from ordering the
legislative reforms requested by the representatives in respect of the amendment of the
National Code of Civil and Commercial Procedure.
302.
Furthermore, as established in its case law, the Court recalls that it is aware that
the domestic authorities are subject to the rule of law and, thus, are obliged to apply the
legislative provisions in force.462 However, when a State is a party to an international treaty
such as the American Convention, all its organs, including the judges and other bodies
involved in the administration of justice, are also subject to it, which obliges them to ensure
that the effects of the Convention’s provisions are not lessened by the application of norms
that are contrary to its object and purpose.
303.
The judges and organs responsible for the administration of justice at all levels are
obliged to exercise ex officio control to ensure that domestic norms are in line with the
American Convention, within their respective spheres of competence and the corresponding
procedural regulations. In this task, the judges and organs for the administration of justice
must take into account not only the treaty, but also its interpretation by the Inter-American
Court, as the final interpreter of the American Convention. 463
304.
Thus, for example, the highest courts of the region, such as the Constitutional
Chamber of the Supreme Court of Justice of Costa Rica, 464 the Constitutional Court of
Bolivia,465 the Supreme Court of Justice of the Dominican Republic,466 the Constitutional
Court of Peru,467 the Supreme Court of Justice of the Nation of Argentina, 468 the
Constitutional Court of Colombia,469 the Supreme Court of the Nation of Mexico, 470 and the
Supreme Court of Panama471 have all referred to and applied this control of compatibility
with the Convention, taking into account interpretations made by the Inter-American Court.
462
Cf. Case of Almonacid Arellano et al. v. Chile. Preliminary Objections, Merits, Reparations and Costs.
Judgment of September 26, 2006. Series C No. 154, para. 124 and Case of Atala Riffo and Daughters v. Chile.
Merits, Reparations and Costs. Judgment of February 24, 2012. Serie C No. 239, para. 281.
463
Cf. Case of Almonacid Arellano et al., para. 124 and Case of Atala Riffo and Daughters v. Chile, para. 282.
464
Cf. Judgment of May 9, 1995 delivered by the Constitutional Chamber of the Supreme Court of Justice of
Costa Rica. Action of unconstitutionality. Opinion 2313-95 (File 0421-S-90), considering paragraph VII.
465
Cf. Judgment of May 10, 2010, delivered by the Constitutional Court of Bolivia (Case file No. 2006-1338127-RAC), section III.3. on “the Inter-American Human Rights System. Grounds for and effects of the judgments
delivered by the Inter-American Court of Human Rights.”
466
Cf. Decision No. 1920-2003 issued by the Supreme Court of Justice of the Dominican Republic on
November 13, 2003.
467
Cf. Judgment delivered by the Constitutional Court of Peru on July 21, 2006, (Case file No. 2730-2006PA/TC), reasoning #12 and judgment 00007-2007-PI/TC issued on June 19, 2007 by the Constitutional Court of
Peru in Plenary (Lawyers’ Professional Association of El Callao v. Congress of the Republic), reasoning #26.
468
Cf. Judgment issued on December 23, 2004, by the Supreme Court of Justice of the Argentine Nation
(Case file 224. XXXIX), “Espósito, Miguel Angel re/incidental plea of prescription of the criminal action filed by his
defense counsel,” considering paragraph 6 and Judgment of the Supreme Court of Justice of the Argentine Nation,
Mazzeo, Julio Lilo et al., appeal for annulment and unconstitutionality. M. 2333. XLII. and others of July 13, 2007,
para. 20.
469
Cf. Judgment C-010/00 delivered by the Constitutional Court of Colombia on January 19, 2000, para. 6.
470
Cf. Plenary of the Supreme Court of Justice of Mexico, Case file “Miscellaneous” 912/2010, ruling of July
14, 2011.
471
Cf. Supreme Court of Justice of Panama, Decision No. 240 of May 12, 2010, ordering compliance with the
judgment of January 27, 2009, of the Inter-American Court of Human Rights in the case of Santander Tristan
Donoso v. Panama.
95
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